The provisions of Section 210 of Cr.P.C. are mandatory and aim to safeguard the interest of the accused from unnecessary harassment.

ORDER

1. This is an application filed under Section 482 of Cr.P.C. seeking for quashing of the proceeding in I.C.C. No.60 of 2018 and the order of cognizance dated 07.01.2019 passed therein by the learned Gram Nyayadhikari-cum-J.M.F.C., Odagaon.

2. Heard the learned counsel for the parties and perused the relevant papers on record vis-a-vis the impugned order.

3. Background facts may be stated in precision as follows:-

The opposite party no.2 herein lodged a written report with police on 19.06.2018 alleging, inter-alia, that the petitioner no.1 on giving a marriage proposal to her continued love affairs with her for a period of about two years, and that on 29.03.2016 while she was alone at her home, the petitioner no. 1 came to her house and on giving promise of marriage committed sexual intercourse on her and thereafter he left for his place of service, and at that point of time he had presented to the opposite party no.2 a SIM card, his one photograph and one handkerchief, and thereafter he remained in contact with her over phone and raised protest whenever a marriage proposal came to her from any other source. It was further alleged by the opposite party no.2 vide the said report (FIR) that on 15.06.2018 the petitioner no.1 had come to the village, and as per the prior assurance given, on 18.06.2018 the petitioner no.1 invited her to his house for discussion regarding marriage, and that when she went there, the petitioner nos.2 to 7 confined the petitioner no.1 in the house and then they abused and assaulted her. As further averred, there was a village meeting on the incident, and that although the village gentries suggested for marriage, the petitioner no.1 and his father did not agree. On the basis of the report aforesaid which was treated as F.I.R. and a case was registered by police corresponding to G.R. Case No. 185 of 2018 under Sections 493/417/294/323/506/34 of IPC against the present petitioner nos. 1 to 7 and on completion of investigation, police submitted charge-sheet against the petitioner no.1 under Sections 493/417/34 of IPC and against the petitioner nos.2 and 4 under Sections 294/323/506/34 of IPC. As it further appears, the learned J.M.F.C. on the basis of the charge-sheet so submitted by police took cognizance of the aforesaid offences against the present petitioner nos.1, 2 and 4 in G.R. Case No. 185 of 2018. As it further appears, while the police investigating in the aforesaid G.R. case was pending, the opposite party no.1 filed a complaint registered as I.C.C. No.60 of 2018 before the Court below for the selfsame incident and the learned J.M.F.C. proceeded therewith separately without following the procedure as laid down under Section 210 Cr.P.C, and vide the order dated 07.01.2019 took cognizance of the offence under Sections 376/354/294/323/506/34 of IPC against all the present petitioners.

4. It is the contention of the learned counsel for the petitioners that the order of cognizance passed by the learned J.M.F.C. giving rise to a proceeding parallel to the G.R. Case can not be sustained in law, inasmuch as the same is in utter violation of the provision under Section 210 of Cr.P.C. causing grave prejudice to the petitioners. It is submitted by him that the complaint has been filed by the opposite party no.2 with malafides for wreaking her vengeance, and the learned J.M.F.C. proceeded with the same in a mechanical manner without applying his prudence and judicial mind. The learned counsel for the petitioners has cited several case laws to buttress his contention.

5. It is, however, submitted by the learned counsel for the opposite parties that non-adherence to the provision under Section 210 of Cr.P.C. being ipso facto not fatal to the proceeding, and both the G.R. case and complaint case being open to be committed to the Court of Session for being tried by the same Court and decided together as per the evidence to be adduced, this Court should not interfere with the impugned order at the present stage o